High Court

3. Heard Shri Anurag Srivastava, learned counsel for the respondent.

4. The present petition has been filed challenging an order dated

06.11.2024, whereby the ADM has passed an order directing the respondent-petitioner herein to hand over the vacant and physical possession of the property in question to the respondent and the applicant of Case No.6863 of 2022 in exercise of powers under Section 34(1)(h) read with Rule 11(d) of the U.P. Rent Act, 2021 read with the rules framed thereunder.

5. Contention of learned counsel for the petitioner as emerges from the petition is that no power vests for specific performance of an agreement of tenancy and the order impugned has been passed dehors the rules and provisions contained in the Act.

6. Learned counsel for the respondent, on the other hand, states that an agreement of tenancy was entered into in between the parties and some amounts were also paid in pursuance of the said agreement. However, the land lord did not hand over the vacant and physical possession to the respondent, as such, the application was preferred under Section 34(1)(h) read with Rule 11(d) of the Rules, which has been allowed. It is contended that an appeal has been preferred and the execution is being processed.

7. As, the matter involves the interpretation of Section 34(1)(h) read with Rule 11(d) of the Rules, no useful purpose would be served in keeping the matter pending.

8. Section 34 of the U.P. Regulation of Urban Premises Tenancy Act, 2021 is quoted herein-below:- "34. Powers of Rent Authority and Rent Tribunal-(1) The Rent Authority and the Rent Tribunal shall, for discharging their functions under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act. no. 5 of 1908) for the purposes of, - (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commission for examination of the witnesses or documents; (d) issuing commission for local investigation; (e) receiving evidence on affidavits; (f) dismissing an application or appeal for default or deciding it ex-parte; (g) setting aside any order of dismissal of any application or appeal for default or any other order passed by it ex-parte; (h) any other matter, which may be prescribed. (2) Any proceeding before the Rent Authority or Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code, 1860 (Act. no. 45 of 1860); and the Rent Authority and the Rent Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Act. no. 2 of 1974). (3) For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Authority may,- (a) after giving not less than twenty-four hours' notice in writing, enter and inspect or authorize any officer subordinate to it, to enter and inspect any premises at any time between sunrise and sunset; (b) by a written order, require any person to produce for its inspection- such books or documents relevant to the inquiry, at such time and at such place as may be specified in the order. (4) The Rent Authority may, if it thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or valuer to advise it in the proceedings before it. 5) Any clerical or arithmetical mistake in any order passed by the Rent Authority or any other error arising out of any accidental omission may, at any time, be corrected by the Rent Authority on an application received by it in this behalf from any of the parties or otherwise. (6) The Rent Authority may exercise the powers of a Judicial Magistrate of the First Class for the recovery of the fine under the provisions of the Code of Criminal Procedure, 1973 (Act. no. 2 of 1974) and the Rent Authority shall be deemed to be a Magistrate under the said Code for the purposes of such recovery. (7) An order made by a Rent Authority or an order passed in appeal under this Chapter shall be executable by the Rent Authority as a decree of a Civil Court and for this purpose, the Rent Authority shall have the powers of a Civil Court. (8) The Rent Authority may set aside or recall any order passed ex-parte if the aggrieved party files an application and satisfies it that the notice was not duly served or that he was prevented by any sufficient cause from appearing when the case was taken up for hearing. (9) Save as otherwise expressly provided in this Act, every order made by the Rent Authority shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceedings."

9. Similarly Rule 11 including Rule 11(d) is also quoted herein- below:- "11. Powers of Rent Authority and Rent Tribunal. The Rent Authority and the Rent Tribunal shall, to decide an application or hear an appeal under the [Act], have the powers to- (a) award costs and special costs any successful party against an unsuccessful party; (b) allow an amendment application or memorandum of appeal; c) consolidate two or more cases of eviction by the same landlord against different tenants; (d) make an order to meet the ends of justice or to prevent the abuse of the process of the authority concerned; (e) call for the particulars in respect of the premises from the landlord or tenant or occupant, or any previous landlord, tenant or occupant thereof, who shall thereupon furnish such particulars; (f) record a compromise, arrived at between the parties, in an application or appeal or proceedings, arising out of the provisions of the '[Act] and to dispose it of either fully or partially based on the agreement, settlement or satisfaction recorded between the parties: Provided that such agreement, settlement or satisfaction is properly presented and verified by the parties before the Rent Authority or Rent Tribunal, as the case may be; (g) inspect a building for purposes of deciding any application under clauses (c), (b), (e), (f), (h), (i), (k) or (1) of sub-section (2) of Section 21 of the [Act], or appeal arising there from: Provided that no inspection shall be carried out at any time after sunset or before sunrise: Provided further that after inspection, a note of inspection shall be prepared mentioning therein the names and address of the persons who were found at the time of such inspection and photographs shall also be taken at the time of such inspection along with the signatures of the persons present at the time of the inspection."

10. The Act in question was enacted to regulate the renting of the premises and to protect the interest of land lord and the tenant and to provide for speedy adjudication. The rights and obligations of the land lord and the tenant have been prescribed under Chapter IV and the protection of tenant and eviction is prescribed under Chapter V. The powers vested in the Tribunal are prescribed in Chapter VI.

11. On a plain reading of Section 34(1)(h), the powers can be exercised by the Tribunal in any other matter, which may be prescribed. There is no prescription in the form of any rules or any orders conferring the power of enforcement of an agreement of tenancy on the rent authority. Rule 11(d) also does not confer any power of enforcement of a rent agreement. The said rule is only an enabling provision to pass an order in the ends of justice.

12. Both the said powers could not have been used for enforcement of a rent agreement as was sought by the respondent and as has been directed by means of the impugned order dated 06.11.2024.

13. Finding the said order to be without jurisdiction, the same cannot be sustained and is quashed.

14. Accordingly, the petition is allowed. Order Date :- 13.8.2025 Ashutosh

3. Heard Shri Anurag Srivastava, learned counsel for the respondent.

4. The present petition has been filed challenging an order dated

06.11.2024, whereby the ADM has passed an order directing the respondent-petitioner herein to hand over the vacant and physical possession of the property in question to the respondent and the applicant of Case No.6863 of 2022 in exercise of powers under Section 34(1)(h) read with Rule 11(d) of the U.P. Rent Act, 2021 read with the rules framed thereunder.

5. Contention of learned counsel for the petitioner as emerges from the petition is that no power vests for specific performance of an agreement of tenancy and the order impugned has been passed dehors the rules and provisions contained in the Act.

6. Learned counsel for the respondent, on the other hand, states that an agreement of tenancy was entered into in between the parties and some amounts were also paid in pursuance of the said agreement. However, the land lord did not hand over the vacant and physical possession to the respondent, as such, the application was preferred under Section 34(1)(h) read with Rule 11(d) of the Rules, which has been allowed. It is contended that an appeal has been preferred and the execution is being processed.

7. As, the matter involves the interpretation of Section 34(1)(h) read with Rule 11(d) of the Rules, no useful purpose would be served in keeping the matter pending.

8. Section 34 of the U.P. Regulation of Urban Premises Tenancy Act, 2021 is quoted herein-below:- "34. Powers of Rent Authority and Rent Tribunal-(1) The Rent Authority and the Rent Tribunal shall, for discharging their functions under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act. no. 5 of 1908) for the purposes of, - (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commission for examination of the witnesses or documents; (d) issuing commission for local investigation; (e) receiving evidence on affidavits; (f) dismissing an application or appeal for default or deciding it ex-parte; (g) setting aside any order of dismissal of any application or appeal for default or any other order passed by it ex-parte; (h) any other matter, which may be prescribed. (2) Any proceeding before the Rent Authority or Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code, 1860 (Act. no. 45 of 1860); and the Rent Authority and the Rent Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Act. no. 2 of 1974). (3) For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Authority may,- (a) after giving not less than twenty-four hours' notice in writing, enter and inspect or authorize any officer subordinate to it, to enter and inspect any premises at any time between sunrise and sunset; (b) by a written order, require any person to produce for its inspection- such books or documents relevant to the inquiry, at such time and at such place as may be specified in the order. (4) The Rent Authority may, if it thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or valuer to advise it in the proceedings before it. 5) Any clerical or arithmetical mistake in any order passed by the Rent Authority or any other error arising out of any accidental omission may, at any time, be corrected by the Rent Authority on an application received by it in this behalf from any of the parties or otherwise. (6) The Rent Authority may exercise the powers of a Judicial Magistrate of the First Class for the recovery of the fine under the provisions of the Code of Criminal Procedure, 1973 (Act. no. 2 of 1974) and the Rent Authority shall be deemed to be a Magistrate under the said Code for the purposes of such recovery. (7) An order made by a Rent Authority or an order passed in appeal under this Chapter shall be executable by the Rent Authority as a decree of a Civil Court and for this purpose, the Rent Authority shall have the powers of a Civil Court. (8) The Rent Authority may set aside or recall any order passed ex-parte if the aggrieved party files an application and satisfies it that the notice was not duly served or that he was prevented by any sufficient cause from appearing when the case was taken up for hearing. (9) Save as otherwise expressly provided in this Act, every order made by the Rent Authority shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceedings."

9. Similarly Rule 11 including Rule 11(d) is also quoted herein- below:- "11. Powers of Rent Authority and Rent Tribunal. The Rent Authority and the Rent Tribunal shall, to decide an application or hear an appeal under the [Act], have the powers to- (a) award costs and special costs any successful party against an unsuccessful party; (b) allow an amendment application or memorandum of appeal; c) consolidate two or more cases of eviction by the same landlord against different tenants; (d) make an order to meet the ends of justice or to prevent the abuse of the process of the authority concerned; (e) call for the particulars in respect of the premises from the landlord or tenant or occupant, or any previous landlord, tenant or occupant thereof, who shall thereupon furnish such particulars; (f) record a compromise, arrived at between the parties, in an application or appeal or proceedings, arising out of the provisions of the '[Act] and to dispose it of either fully or partially based on the agreement, settlement or satisfaction recorded between the parties: Provided that such agreement, settlement or satisfaction is properly presented and verified by the parties before the Rent Authority or Rent Tribunal, as the case may be; (g) inspect a building for purposes of deciding any application under clauses (c), (b), (e), (f), (h), (i), (k) or (1) of sub-section (2) of Section 21 of the [Act], or appeal arising there from: Provided that no inspection shall be carried out at any time after sunset or before sunrise: Provided further that after inspection, a note of inspection shall be prepared mentioning therein the names and address of the persons who were found at the time of such inspection and photographs shall also be taken at the time of such inspection along with the signatures of the persons present at the time of the inspection."

10. The Act in question was enacted to regulate the renting of the premises and to protect the interest of land lord and the tenant and to provide for speedy adjudication. The rights and obligations of the land lord and the tenant have been prescribed under Chapter IV and the protection of tenant and eviction is prescribed under Chapter V. The powers vested in the Tribunal are prescribed in Chapter VI.

11. On a plain reading of Section 34(1)(h), the powers can be exercised by the Tribunal in any other matter, which may be prescribed. There is no prescription in the form of any rules or any orders conferring the power of enforcement of an agreement of tenancy on the rent authority. Rule 11(d) also does not confer any power of enforcement of a rent agreement. The said rule is only an enabling provision to pass an order in the ends of justice.

12. Both the said powers could not have been used for enforcement of a rent agreement as was sought by the respondent and as has been directed by means of the impugned order dated 06.11.2024.

13. Finding the said order to be without jurisdiction, the same cannot be sustained and is quashed.

14. Accordingly, the petition is allowed. Order Date :- 13.8.2025 Ashutosh